In re the Accounting of Heller — 289 N.Y. 778

Majority

p. 778

In the Matter of the Accounting of Isaac S. Heller et al., as Executors of Pauline H. Rosenberg, Deceased Executrix, and Ephraim Samuels, as Executor of Hugo Rosenberg, Deceased. Isaac S. Heller et al., as Executors of Pauline H. Rosenberg, Deceased Executrix of Hugo Rosenberg, Deceased, Appellants. Sophie S. Samuels et al., Individually and as Executrices of Emma Schoenfeld, Deceased, et al., Respondents.

Argued November 23, 1942;

decided January 7, 1943.

p. 779

Eugene A. Sherpick, Harold R. Medina, William Gilbert and Jacob R. Freund for appellants.

William Macy for objectants, respondents.

Martin Blau for Ephraim Samuels, respondent.

p. 780

Order affirmed, with costs, payable out of the estate. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Dissenting: Rippey, J.